Wednesday, June 18, 2008

Govt staff can access ACR under RTI: HC

In what will lessen the government's stranglehold on information
related to employee performance, the Punjab and Haryana High Court
has held that an employee is entitled to access his annual
confidential reports (ACRs) under the RTI Act.

Coming out with a recent order of major import for scores of Punjab
government employees and other public servants, the division bench,
comprising justice MM Kumar and justice Sabina, agreed with the
ruling of the full bench of the Punjab State Information Commission
that an employee couldn't be barred from accessing his ACRs under
RTI. Such information was of paramount importance for an employee if
he wanted to improve upon existing levels of performance and as such
its non-disclosure could seriously compromise canons of excellence,
the bench had observed.

The order came in the wake of a petition filed under Article 226 of
the Constitution by the state of Punjab challenging the order, dated
November 5, 2007, passed by the state information commission.

The commission, through this impugned order, held Faquir Chand
Sharma, a public works department (B&R) employee, was entitled to the
information related to his ACRs under the RTI Act.

It had further directed the department to deliver copies of ACRs for
the period from April 1, 2000 to March 31, 2006 within a period of 15
days.

Incidentally, the department authorities had declined Sharma's
request saying the information was confidential and was exempted from
disclosure under Section 8 of the RTI Act.